State ex rel. Green Bay & Minnesota Railroad v. Jennings
Wisconsin Supreme Court
xlPPEALS from the Circuit Court for Wcmpaca County. The case is thus stated by Mr. Justice Cassoday: “ This case was commenced in 1877. It was here on a former appeal from an order overruling a demurrer to the relation and" a motion to quash the alternative writ of mandamus. 48 Wis., 549. The defendants haying thereafter made return to the writ, the relator moved to strike out certain designated portions of the same.
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xlPPEALS from the Circuit Court for Wcmpaca County. The case is thus stated by Mr. Justice Cassoday: “ This case was commenced in 1877. It was here on a former appeal from an order overruling a demurrer to the relation and" a motion to quash the alternative writ of mandamus. 48 Wis., 549. The defendants haying thereafter made return to the writ, the relator moved to strike out certain designated portions of the same. The circuit court granted the motion, as to certain portions of the return, and denied it as to certain other portions. The defendants appeal from the portions of the order…
1Opinion of the CourtCassoday, J.
Are the rules and practice as to pleadings in ordinary actions applicable in cases of mandamus ? The provisions of the present statute entitled “proceedings in civil actions in courts of record,” relate not only to “ actions,” but also to “proceedings in the circuit courts.” Sec. 2593. Sec. 2600, E. S., provides that “the distinction between actions at law and suits in equity, and the forms of all such actions and suits, have been abolished, and there is in this state but one form of action for the enforcement or protection of private rights, and the redress, or prevention of private wrongs,…
2Cases cited16 opinions
- Weston and Others v. the City Council of CharlestonSupreme Court of the United States · 1829
- Attorney General v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1874
- People Ex Rel. Lefever v. Board of SupervisorsNew York Court of Appeals · 1866
- Redmon v. Phœnix Fire InsuranceWisconsin Supreme Court · 1881
- People on rel. Adams v. BakerNew York Supreme Court · 1861
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3Cited by14 opinions
- State ex rel. Durner v. HueginWisconsin Supreme Court · 1901
- State ex rel. Milwaukee Medical College v. ChittendenWisconsin Supreme Court · 1906
- State ex rel. Risch v. Board of Trustees of the Policemen's Pension FundWisconsin Supreme Court · 1904
- State ex rel. Milwaukee County v. BuechWisconsin Supreme Court · 1920
- State ex rel. Buchanan v. KelloggWisconsin Supreme Court · 1897
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